The defendant is charged [in count __]
with misrepresentation of a substance as a controlled substance. The statute
defining this offense imposes punishment on any person who knowingly delivers or
attempts to deliver a noncontrolled substance <insert appropriate subsection:>

§ 21a-268 (a)
(1): upon the express representation that such substance is a controlled
substance.

§ 21a-268 (a)
(2): under circumstances which would lead a reasonable person to believe
that such substance is a controlled substance.

For you to find the defendant guilty
of this charge, the state must prove the following elements beyond a reasonable
doubt:

Element 1 - Delivered or
attempted to deliverThe first element is that the
defendant knowingly delivered or attempted to deliver a noncontrolled
substance. A noncontrolled substance is one that does not fall within the
definition of a controlled substance. The state must prove that the defendant
knew that the substance in question was not a controlled substance. A person
acts "knowingly"
with respect to conduct or to a circumstance described by a statute defining an
offense when he is aware that his conduct is of such nature or that such
circumstance exists. <See
Knowledge, Instruction 2.3-3.>

"Deliver
or delivery" means the actual, constructive or attempted transfer from one
person to another of such substance, whether or not there is an agency
relationship. Attempt has its ordinary meaning.

Element 2 -
MisrepresentationThe second element is that the
defendant represented through (his/her) words or conduct that the substance was
a controlled substance, specifically <insert type of substance>.1In other words, the delivery or
attempted delivery of the noncontrolled substance was <insert as appropriate:>

upon the express
representation that such substance was <insert type of substance>.

under circumstances
which would lead a reasonable person to believe that such substance was <insert
type of substance>.

Conclusion

In summary, the state must prove
beyond a reasonable doubt that the defendant 1) knowingly delivered or attempted
to deliver a noncontrolled substance, and 2) represented through (his/her) words
or conduct that the substance was <insert type of substance>.

If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of the
misrepresentation of a substance as a controlled substance, then you shall find
the defendant guilty. On the other hand, if you unanimously find that the state
has failed to prove beyond a reasonable doubt any of the elements, you shall
then find the defendant not guilty.
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